PR723952 - Variation - 30 Oct 2020

MA000052  PR723952
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards—Overtime for casuals
(AM2017/51)

PORTS,HARBOURS AND ENCLOSED WATER VESSELS AWARD 2020
[MA000052]

Port authorities

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY,30 OCTOBER 2020

4 yearly review of modern awards –common issue –overtime for casuals –Ports,Harbours and Enclosed Water Vessels Award 2020.

A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 18 August 2020 [[2020] FWCFB 4350] and 30 October 2020 [[2020] FWCFB 5636] the above award is varied as follows:

1. By deleting clause 11.2(a) and inserting the following:

(a) For each ordinary hour worked,a casual employee must be paid:

    (i) the ordinary hourly rate for the classification in which they are employed;and

    (ii) a loading of 25% of the ordinary hourly rate.

2. By renumbering clauses 11.3 to 11.6 as clauses 11.4 to 11.7.

3. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime,they must be paid the overtime rates in clause 18.2.

4. By deleting clause 18.2 and inserting the following:

18.2 Employees will be paid the following rates for overtime worked Monday to Friday;work on a Saturday or on a Sunday;or work on a public holiday:

  

    Full-time and part-time employees

    Casual employees

    Overtime

 

    % of ordinary hourly rate

    % of ordinary hourly rate

    Monday to Friday

    First 3 hours

    150

    175

    After 3 hours

    200

    225

    Saturday

    150

    175

    Sunday

    200

    225

    Public holiday

    250

    275

NOTE:The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 18.2.

5. By updating the cross-references accordingly.

B. This determination comes into operation on 20 November 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 20 November 2020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

About this document
(1)
Code:
PR723952
Title:
PR723952 - Variation - 30 Oct 2020
Effective:
30 Oct 2020
Updated:
4 Nov 2020
Related Information
1.0.11.0 SD